LD 1166
pg. 3
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LR 1274
Item 1

 
test at the request of a law enforcement officer, a
period of incarceration of not less than 40 days;

 
(3) A court-ordered suspension of a driver's license for a
period of 4 years; and

 
(4) In accordance with section 2416, a court-ordered
suspension of the person's right to register a motor
vehicle;

 
D. For a person having 3 or more previous OUI offenses
within a 10-year period, which is a Class C crime:

 
(1) A fine of not less than $2,100, except that if the
person failed to submit to a test at the request of a
law enforcement officer, a fine of not less than
$2,500;

 
(2) A period of incarceration of not less than 6
months, except that if the person failed to submit to a
test at the request of a law enforcement officer, a
period of incarceration of not less than 6 months and
20 days;

 
(3) A court-ordered suspension of a driver's license
for a period of 6 years; and

 
(4) In accordance with section 2416, a court-ordered
suspension of the person's right to register a motor
vehicle;

 
D-1. A violation of subsection 1-A, paragraph D is a Class
C crime, which is a strict liability crime as defined in
Title 17-A, section 34, subsection 4-A. The sentence must
include a period of incarceration of not less than 6 months,
a fine of not less than $2,100 and a court-ordered
suspension of a driver's license for a period of 6 years.
These penalties may not be suspended;

 
E. If a law enforcement officer failed to provide the
warnings required by section 2521, subsection 3, the
increase in minimum penalties required because of a refusal
to submit to a test is not mandatory;

 
F. For a person sentenced under paragraph B, C or, D or I, the
court shall order the defendant to participate in the alcohol and
other drug program of the Department of Health and Human
Services, Office of Substance Abuse. The court may waive the
program pursuant to Title 5, section 20073-B, if the court finds
that the defendant has completed an


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